Attorney Mark Methenitis on GameStop-OnLive Fiasco

August 24, 2011 -

Wired's Game | Life taps into the legal expertise of attorney Mark Methenitis to determine if GameStop might face legal action for removing OnLive coupons from PC retail boxed copies of Deus Ex: Human Revolution.

Naturally there may be some unforeseen issues at play here that could affect whether Square Enix could sue the top games retailer - like if both companies have an existing agreement or contract that bars Square Enix from including deals from GameStop's direct competitors. That's doubtful considering that GameStop allows games that include Steamworks or the Steam Client on disc.  Steam is clearly a direct competitor to GameStop's Impulse digital distribution platform. Here's what Methenitis thinks about that:

"Existing contracts between GameStop and Square may have barred this kind of promotion, and so GameStop may actually be justified in their action if Square is in breach of some promotion/marketing agreement."

Methenitis also said that GameStop's actions related to OnLive probably did not violate consumers' rights, and even though consumers could sue the company for "deceptive trade practices or fraudulent advertising," they wouldn't have much of a case because the coupon wasn't advertised on the game's packaging.

Methenitis closes by saying that some of GameStop’s policies might have violated Federal Trade Commission policy. One in particular is an employee "rental plan" that lets employees rent brand new games. The problem is that these "rented titles" are brought back to the store and sold as "new" products for full price. This practice has been going on for several years and was the subject of a class action lawsuit against the company which inevitably failed.

Game|Life contacted the Federal Trade Commission for comment and got the following response:

"The FTC Act prohibits unfair and deceptive business practices," an FTC representative told Wired.com. "So if a company misrepresents that a product is new and doesn’t make adequate disclosures that it has been open or used, then that could be considered deceptive."

Posted in

Comments

Re: Attorney Mark Methenitis on GameStop-OnLive Fiasco

so its perfectly legal for them to sell opened, altered, and possibly damaged products at full price?

or did he skip that part?

Re: Attorney Mark Methenitis on GameStop-OnLive Fiasco

I guess as long as they are not altering known/advertised features, it is probably legal.

Though now I am wondering what kind of case would exist if GameStop had altered something deeper then a cupon... say, the game itself.. remove a few levels and require you to buy alternate versions from their content group.

Re: Attorney Mark Methenitis on GameStop-OnLive Fiasco

Yes. It is perfectly legal. "New" does not necessarily constitute "sealed". And what the article doesn't mention is that Gamestop does not permit employees from checking out PC titles, due to DRM concerns.

Re: Attorney Mark Methenitis on GameStop-OnLive Fiasco

What about DRM concerns on console games? Rarer (for now), but still there. See: Borderlands GotY edition.

 

Re: Attorney Mark Methenitis on GameStop-OnLive Fiasco

If you were talking about the OLD version of the GOTY, then Gamestop employees simply don't use the code. The new versions of GOTY either have the DLC built into the game disc (PS3) or on a seperate disc (Xbox 360).

If you knew how crappy Gamestop treats all their employees that are below an ASM, you probably wouldn't complain about the check-out program. Here's a few fun facts to help.

Fun fact #1: The single most common question asked of any Gamestop employee is "Is (insert game name here) any good? Gamestop employees are obviously expected to own every single game ever released.

Fun fact #2: Despite popular opinion, Gamestop employees do NOT get to play games before their street date. The exception to this, obviously, are the stupid-ass managers who break street date simply because they think they can and that nobody will find out.

Fun fact #2.5: They always find out, sooner or later, and are subsequently fired.

Fun fact #3 (More of a suggestion): If you're really that concerned about getting a sealed copy of a game, then ask for one. If they don't have one, GO SOMEWHERE ELSE. I used to be one of those of the mind that a game is somehow tainted if someone else had played it before me. It wasn't until AFTER I had worked for Gamestop that I realized how much of a pretentious douchebag I was.

Fun fact #4 (As stated in the shoutbox): Many Gamestop stores have shrink wrap machines. If all it took to get you to shut up about it is shrink wrap the game before it's sold to you, you'd be none the wiser.

Re: Attorney Mark Methenitis on GameStop-OnLive Fiasco

All the more reason not to buy new or used above 30$.


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

 
Forgot your password?
Username :
Password :

Poll

Has a video game ever made you so mad you broke the controller?:

Shout box

You're not permitted to post shouts.
InfophileOf course, that's a gross oversimplification. The idea, have a basic safety net that pays for what's needed to live. If people can find a job and are willing to work, they get more money which can be spent on comfort and perks.07/11/2014 - 11:33am
InfophileIt's quite possible to get an economy to work with a basic minimum standard of living. You just need perks for the people who do work. Everyone gets food and a home. Everyone who works also gets an iPhone.07/11/2014 - 11:32am
MaskedPixelanteIn the continuing adventures of "Stuff I figured would be overpriced on eBay but isn't", 15 bucks for a copy of Mario and Luigi: Superstar Saga.07/11/2014 - 10:04am
SleakerI didn't gather the same conclusion.. Seems like they are focusing on devices & services still, just not calling it 'devices and services'07/11/2014 - 8:57am
PHX CorpMicrosoft CEO readies big shakeup, drops devices and services focus http://www.theverge.com/2014/7/10/5887143/satya-nadella-microsoft-ceo-employee-email07/11/2014 - 8:45am
MechaTama31declared that everybody should have them. Somebody still has to produce them.07/11/2014 - 7:44am
MechaTama31I do mean the developers/governmet. And money is not the only thing of value. I am including the food, housing, etc that everybody is supposed to get for free under this system. In the real world, those things don't exist merely because an authority has07/11/2014 - 7:43am
InfophileAs automation gets better and better, the number of jobs absolutely required keeps diminishing. How many people these days do you think are actually needed to keep everyone alive? Most people just make our lives more convenient and entertaining.07/11/2014 - 4:43am
Matthew Wilsonthat kind of system only works when most people (around 70 to 80 percent ) do not need to work.07/11/2014 - 1:21am
TechnogeekConjured up by who, though? If by the players, then it's not really "on a whim" since they're kind of putting work into it. If you mean the developers/government, then hello and welcome to monetary sovereignty.07/11/2014 - 12:34am
MechaTama31I'm just saying, when everything of value can be conjured up at a whim, that's not an economy. That's a fantasy.07/11/2014 - 12:15am
TechnogeekHonestly, though, what I find most thought-provoking about the article isn't the guaranteed minimum income aspect at all, but a more fundamental point: that we treat poverty as a moral failing on the individual, rather than a design flaw in the system.07/10/2014 - 11:53pm
TechnogeekOr, if your concern is that people won't even bother to work at all if their basic needs are met...well, let me put it this way: do you really want people like that in the workforce anyway?07/10/2014 - 11:51pm
TechnogeekAlso, you raise a valid question, but I'd argue that as things stand we're artificially limiting the amount of "gold/silver" that could be produced. The whole "work a job you hate to pay the bills" thing meshes poorly with the entreprenurial spirit.07/10/2014 - 11:49pm
TechnogeekSeriously, though, it looks at how in-game economies work and what lessons can be applied to reality, focusing primarily on multiple currency systems. Such systems do exist in real life (food stamps, for example), although generally aren't seen as such.07/10/2014 - 11:43pm
MechaTama31Or to produce the gold and silver, for that matter?07/10/2014 - 11:42pm
MechaTama31But in seriousness though, the F2P games can conjure up all the "valuables" out of the ether. Are there going to be enough people going for the "gold" and "silver" to actually produce the necessities the "free energy" is supposed to cover?07/10/2014 - 11:39pm
TechnogeekHey, it works for Wall Street.07/10/2014 - 11:36pm
MechaTama31We should base our real economy on something that is reviled as a soul-sucking scourge? ;)07/10/2014 - 11:25pm
TechnogeekRelevant to this website's stated focus: an argument for a guaranteed minimum income using F2P games to illustrate how and why it could help. https://medium.com/@gthoreau/game-socialisme-6312268d469507/10/2014 - 8:28pm
 

Be Heard - Contact Your Politician